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DONNELLY v. TREELINE COMPANIES

1257N, 114310/99, 590132/00, 590387/00.

66 A.D.3d 563 (2009)

889 N.Y.S.2d 2

2009 NY Slip Op 7504

DARYA A. DONNELLY, Respondent, v. THE TREELINE COMPANIES et al., Appellants. COMMERCIAL BUILDING MAINTENANCE CORP. et al., Third-Party Plaintiffs, v. REPUBLIC ELEVATOR CORP., Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided October 22, 2009.

A motion to vacate a dismissal for failure to appear at a scheduled court conference (22 NYCRR 202.27) is governed by CPLR 5015. Such a motion must be made within one year of service of a copy of the dismissal order with notice of entry, and be supported by a showing of reasonable excuse for the failure to attend the conference and a meritorious cause of action. Where the dismissal order has never been served with notice of entry, there is no time limit on making a motion...

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